Khadija Magardie
Victims of violent crime in South Africa may in future receive financial restitution for their pain and suffering. This is if a recent discussion document, released for public comment and submitted to the Minister of Justice and Constitutional Development Penuell Maduna this week, is favourably received.
The South African Law Commission has mooted the setting up of a state-administered compensation fund for people who have been the victims of specified violent crimes. This includes rape survivors, dependants of murder victims, and crime victims who have been disabled as a result of the experience.
Though the idea is not a new one several countries have compensation funds for crime victims this is the first time it is being suggested that state funding in South Africa should be designated specifically for people who have been emotionally, financially, medically or psychologically scarred as a result of criminal action. It is different to other funds currently in operation in the country. The Road Accidents Fund, for instance, pays compensation for physical injury or death wrongfully caused by the driving of motor vehicles. The proposed fund will have specified eligibility criteria that make an individual qualify for compensation only as result of wrongful action by criminals.
South Africa has the dubious distinction of being one of the most violent countries in the world. According to 1996 statistics from a South African Police Services semester report, with the exception of property crimes in the First World (which are well-policed and enjoy wide insurance coverage), South Africa has the highest rates of violent crime in the world, including murder, hijacking, armed robbery and rape.
It was within this context that the discussion paper was commissioned last year by the law commission and the German Technical Cooperation. The final product was prepared by the Centre for Violence and Reconciliation. The researchers were quick to point out that the establishment of such a fund should not be viewed as a quick-fix to the crime problem facing the country. They said compensation, either partial or full, should be seen as a complementary component of victim support, which is vital to ensuring the efficacy of the whole criminal justice system.
But its basic premise is that a compensation fund for victims of crime is necessary to bolster what are currently inadequate systems for victim support. There are, for instance, various community-based organisations offering a range of services, such as rape crisis counselling, and other support groups, but they are limited both in scope and by financial constraints to do more than counselling.
The discussion paper recommends that “targeted compensatory assistance” be established for certain categories of victims, to be phased in over a period of three financial years. This, it says, is based on “the need to restore victims to a position comparable to that which they occupied prior to their victimisation”, including the payment of compensation.
The criteria are likely to be determined by the nature of the crime, combined with the physiological, financial or emotional consequence of the crime itself on the victim. A means test may be instituted for determining what amount a victim or their dependant should be paid out.
The researchers acknowledge the need to seek alternative sources of funding, but say the majority of the money is expected to come from the state. On the basis of projections, including extrapolating information from police dockets and other sources to deter- mine the extent and nature of particular crimes, the figure is expected to amount to about R141-million a year.
One of the more controversial suggestions are that a tax up to 10% be imposed on certain commodities, specifically alcohol and firearms (including ammunition). This, researchers say, because there have been repeated connections between violent crimes and the respective items.